(a) If the court finds, pursuant to any provision of this
article, that the department is not required to make reasonable
efforts to preserve the family, then, notwithstanding any other
provision, a permanency hearing must be held within thirty days
following the entry of the court order so finding, and a permanent
placement review hearing must be conducted at least once every
three calendar months thereafter until a permanent placement is
achieved.

(b) If, twelve months after receipt by the department or its
authorized agent of physical custody of a child either by a court
ordered placement or by a voluntary agreement, the department has
not placed a child in an adoptive home or placed the child with a
natural parent or placed the child in legal guardianship or
permanently placed the child with a fit and willing relative, the
court shall hold a permanency hearing. The department shall file
a report with the court detailing the efforts that have been made
to place the child in a permanent home and copies of the child's
case plan, including the permanency plan as defined in section
five, article six of this chapter. Copies of the report shall be
sent to the parties and all persons entitled to notice and the
right to be heard. The court shall schedule a hearing, giving
notice and the right to be present to: The child's attorney; the
child, if twelve years of age or older; the child's parents; the
child's guardians; the child's foster parents; any preadoptive
parent or any relative providing care for the child; any person
entitled to notice and the right to be heard; and such other persons as the court may, in its discretion, direct. The child's
presence may be waived by the child's attorney at the request of
the child or if the child would suffer emotional harm. The purpose
of the hearing is to review the child's case, to determine whether
and under what conditions the child's commitment to the department
shall continue and to determine what efforts are necessary to
provide the child with a permanent home. In the case of a child
who will not be returned to his or her parent, the court shall
consider in-state and out-of-state placement options, and, if the
court considers an out-of-state placement, the court shall
determine whether such placement is in the best interests of the
child; in the case of a child who has attained sixteen years of
age, the court shall determine the services needed to assist the
child to make the transition from foster care to independent
living. In any case in which the court decides to order the child
placed in an out-of-state facility or program it shall set forth in
the order directing the placement the reasons why the child was not
placed in an in-state facility or program. At the conclusion of
the hearing the court shall, in accordance with the best interests
of the child, enter an order containing all such appropriate
findings. The court order shall state: (1) Whether or not the
department made reasonable efforts to preserve the family and to
prevent out-of-home placement or that the specific situation made
such effort unreasonable; (2) whether or not the department made
reasonable efforts to finalize the permanency plan for the child;
and (3) identify services required to meet the child's needs.

(c) The court shall conduct another permanency hearing within twelve months thereafter for each child who remains in the physical
or legal custody of the department until the child is placed in an
adoptive home or returned to his or her parents or placed in legal
guardianship or permanently placed with a fit and willing relative.

(d) The state department shall annually report to the court
the current status of the placements of children in permanent care
and custody of the state department who have not been adopted.

(e) The state department shall file a report with the court in
any case where any child in the temporary or permanent custody of
the state receives more than three placements in one year no later
than thirty days after the third placement. This report shall be
provided to all parties and persons entitled to notice and the
right to be heard. Upon motion by any party, the court shall
review these placements and determine what efforts are necessary to
provide the child with a permanent home: Provided, That no report
shall be provided to any parent or parent's attorney whose parental
rights have been terminated pursuant to this article.

(f) The state department shall notify, in writing, the court,
the child, if over the age of twelve, the child's attorney, the
parents and the parents' attorney forty-eight hours prior to the
move if this is a planned move, or within forty-eight hours of the
next business day after the move if this is an emergency move,
except where such notification would endanger the child or the
foster family. This notice shall not be required in any case where
the child is in imminent danger in the child's current placement.
The location of the child need not be disclosed, but the purpose of
the move should be. This requirement is not waived by placement of the child in a home or other residence maintained by a private
provider. No notice shall be provided pursuant to this provision
to any parent or parent's attorney whose parental rights have been
terminated pursuant to this article.

(g) Nothing in this article precludes any party from
petitioning the court for review of the child's case at any time.
The court shall grant such petition upon a showing that there is a
change in circumstance or needs of the child that warrants court
review.

(h) Any foster parent, preadoptive parent or relative
providing care for the child shall be given notice of and the right
to be heard at the permanency hearing provided in this section.
Note: WV Code updated with legislation passed through the 2014 1st Special Session
The WV Code Online is an unofficial copy of the annotated WV Code, provided as a convenience. It has NOT been edited for publication, and is not in any way official or authoritative.